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Results of 138 of n i act notice

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HIMACHAL PRADESH HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with postal endorsement `Unclaimed' - Second notice served at the same address - Complaint cannot be quashed on the ground that there is presumption of service of first notice and complaint is not filed within time - There is no rule of universal application that in all cases..........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Returned with endorsement 'addressee left' - In absence of proof that endorsement was mala fide, service of notice cannot be presumed...........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Jurisdiction - Courts where any of the five acts are done have jurisdiction to entertain complaint, viz. (a) Drawing of the cheque; (b) Presentation of the cheque to the bank; (c) Returning the cheque unpaid by the drawee bank; (d) Giving notice in writing to the drawer of the cheque demanding payment to..........

BOMBAY HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Transaction took place at Jaipur - Cheque issued of a bank at Delhi - Cheque presented at Mumbai - Notice issued from Mumbai where registered office of the complainant company is situated - Complaint filed at Mumbai - Held, Court at Mumbai has jurisdiction...........

KERALA HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Demand notice - Sent through registered post at correct address - Postal authorities sent intimation to accused about the registered cover - Held, it is proper service of notice...........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 93, 141 -- Dishonour of cheque - Offence committed by Govt. company - Notice of dishonour issued only to company and not to its Managing Director and General Manager - Held, M.D. and G.M. cannot be prosecuted for want of statutory notice - Complaint quashed...........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Filing of - Notice was sent on 15.11.2003 - Complaint was filed after 46 days on 01.01.2004 - Held, period of 45 days is required to be calculated from the date of receipt of notice - Since last date of limitation fell during Christmas holidays, complaint could be presented by petitioner..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Given to one partner of firm - Other partner had already expired - It cannot be said that notice suffers from such illegality on the basis of which complaint can be quashed...........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2010
Details

Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 420, Negotiable Instruments Act, 1881, Section 138 -- Prosecution allegation that petitioner in connivance with co-accused prepared fake cheque with an intention to cheat complainant - FIR lodged u/ss 379, 420 IPC - Complainant member of Co-operative Society and was issued a cheque book which..........

UTTARAKHAND HIGH COURT

Year of decision: 2010
Details

Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Delay - Condonation - Opportunity of hearing must be given to accused before condoning delay - Impugned order passed, condoning delay, without issuing notice of application for condonation of delay to accused, set aside...........

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